Opferschutz im Bereich des Menschenhandels: Eine Analyse der völker- und europarechtlichen Vorgaben zum Aufenthalt (Victim Protection in the Field of Human Trafficking: An Analysis of International and European Legal Provisions on Residence)

2016 ◽  
Vol 28 (4) ◽  
pp. 753-755
Author(s):  
Victoria Yiwumi Nge Faison
Keyword(s):  
Human Trafficking ◽  
Eine Analyse ◽  
Legal Provisions ◽  
Victim Protection

scholarly journals Human Trafficking – Can the German Reform Address the Complexity of the Phenomenon?

2020 ◽  
Vol 10 (3) ◽  
pp. 293-313
Author(s):  
Susanne Beck ◽  
Melina Tassis
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Interconnected System ◽  
The Poor ◽  
Victim Protection ◽  
Goals And Objectives ◽  
Oriented Approach

German criminal law regarding human trafficking was reformed in 2016 in order to implement European goals and objectives, for example, the effective cooperation between member states' law enforcement authorities. This article examines the problems connected with the implementation of the reforms from different perspectives. It also takes into account that the laws were also changed to close perceived gaps in the Criminal Code and to simplify the classification of any action linked to human trafficking. Thus, it will show that the phenomenon of human trafficking cannot be addressed by implementing stricter criminal laws alone, since the main causes lie in the poor living conditions of the countries of origin and the way in which modern societies consume. What is needed is a broad-based awareness, an international interconnected system and appropriate victim protection resulting in an interdisciplinary, human rights-oriented approach to fight human trafficking and exploitation.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Perdagangan Orang Oleh Penyedia Jasa Pekerja Seks Komersial (Studi Putusan Nomor 741/Pid.Sus/2016/PN. Mdn)

2020 ◽  
Vol 2 (2) ◽  
pp. 181-188
Author(s):  
Andreas Teguhta Kaban ◽  
Aulia Rosa Nasution ◽  
Ridho Mubarak
Keyword(s):  
Human Trafficking ◽  
Government Regulation ◽  
Service Providers ◽  
Vulnerable Groups ◽  
Legal Analysis ◽  
Trafficking In Persons ◽  
Sex Worker ◽  
Legal Provisions ◽  
Women Trafficking ◽  
Sexual Services

The crime of trafficking in persons (human trafficking) is a very complex crime so it is difficult to eradicate. However, attention to trafficking in persons is more focused on women as vulnerable groups in this discussion (women trafficking). The purpose of this study is to see more clearly that there is still a link between the crime of commercial sex worker service providers with the crime of trafficking in persons. The method of approach that the authors take in this research is descriptive qualitative. The underlying factors are economic, family, religious, lack of awareness, the desire to get rich quickly. The legal provisions in Law Number 21 of 2007 concerning the Criminal Act of Trafficking in Persons have been supplemented with implementing regulations, namely Government Regulation Number 9 of 2008 concerning Procedures and Mechanisms for Integrated Services for Witnesses and / or Victims of Trafficking in People in Article 1 paragraph 1 and Presidential Regulation No. 69/2008 concerning the Prevention and Handling of Criminal Acts of Trafficking in Persons Article 4. Legal Analysis that the Defendant is proven guilty of committing a crime "intentionally as a livelihood or habit of committing or facilitating obscene acts with others" and the Defendant has become a pimp by providing women who are trafficked for sexual services so that the Defendant benefits from these actions.

A Review of Bride Trafficking in India

2020 ◽  
Vol 5 (2) ◽  
pp. 109-118
Author(s):  
Mohd Irshad
Keyword(s):  
Domestic Violence ◽  
Human Trafficking ◽  
Child Marriage ◽  
Legal Provisions ◽  
Underlying Causes

Human trafficking is a global phenomenon that affects people of all ages, races, gender and ethnicities. Bride trafficking is one of the worst forms of human trafficking. Many other social evils such as child marriage, domestic violence, bonded labour and prostitution are linked to bride trafficking. Bride trafficking is rampant in India since eons. Hence, there is a need to understand the underlying causes, consequences, effects and repercussions. This article explores the phenomena of bride trafficking within the larger framework of human trafficking and the available legal provisions to address it.

scholarly journals Government’s Initiatives for the Rehabilitation and Reintegration of Trafficking Survivor in Nepal: Victim Justice System Perspective

2012 ◽  
pp. 75-103
Author(s):  
Sushila Karki
Keyword(s):  
Human Trafficking ◽  
Sexual Exploitation ◽  
Forced Labor ◽  
Role Of Government ◽  
System Perspective ◽  
Legal Provisions ◽  
The Social ◽  
Key Issues ◽  
Women And Girls

Trafficking, established as commercial sexual exploitation, forced labor or services, servitude, slavery or practices similar has reached alarming proportions in the present day world most effective within the South-Asian Region. Women and girls are the measure victim of trafficking. There are various reasons where women and girls prey for trafficking. Some of them primarily search out work in the wealthier countries are promised jobs and are subsequently forced into sexually exploitative situations upon arrival in the country of destination. The social stigmatization associated with trafficking due to lack of awareness in society necessarily associates all the trafficking with sexual exploitation. The key issues and challenges faced by the survivors of trafficking are social rejection, lack of ownership of citizenship which does not allow these survivors to successfully reintegrate back into the society. Some of the laws of Nepal namely Human Trafficking and Transportation Control Act 2007, Human Trafficking and Transportation Regulation 2008 provide rehabilitation measures to the survivor. In line with these legal provisions this article has made efforts to analyze role of government of Nepal in nexus with rehabilitation and reintegration principle.

Is the Law an Ass When It Comes to Mules? How Indonesia Can Lead a New Global Approach to Treating Drug Traffickers as Human Trafficked Victims

2016 ◽  
Vol 8 (1) ◽  
pp. 166-188 ◽  
Author(s):  
Felicity GERRY QC ◽  
Thomas HARRÉ ◽  
Nathalina NAIBAHO ◽  
Julia MURASZKIEWICZ ◽  
Neil BOISTER
Keyword(s):  
Human Trafficking ◽  
Death Penalty ◽  
Organized Crime ◽  
Global Approach ◽  
Drug Laws ◽  
Victim Protection ◽  
The Law ◽  
Drug Traffickers ◽  
Criminal Conduct

AbstractIndonesia has enacted laws which provide mandatory protection for victims of human trafficking. It also has mandatory drug laws which, in some cases, lead to the death penalty. This legislative conflict together with investigative and prosecutorial failure risks the execution of human trafficked victims who are used as drug mules in organized crime. In countries where there is no statutory defence to criminal conduct, there is a need to approach criminal conduct in a way that protects victims. This includes mechanisms to ensure non-prosecution and non-punishment. The recent reprieve for Mary Jane Veloso, albeit temporary at the time of writing, is an opportunity for Indonesia to lead a new global approach to victim protection.

MIGRANTS AS POTENTIAL VICTIMS OF CRIME: VICTIMOLOGICAL ASPECT

2021 ◽  
pp. 52-59
Author(s):  
Yury A. Kuzmin
Keyword(s):  
Human Trafficking ◽  
Organized Crime ◽  
Criminal Policy ◽  
Legal Framework ◽  
Trafficking In Persons ◽  
Transnational Organized Crime ◽  
Legal Provisions ◽  
Multiple Risks ◽  
Legal Situation ◽  
Women And Children

The problem of preventing crime against migrants is updated. The urgency of issues related to preventing crimes against migrants as the main factor of criminality prevention in general is substantiated. The relevance of the topic is caused by the fact that in modern conditions, the attitude to migrants in accordance with the norms of international law is equally ambivalent. Migrants are exposed to numerous risks of victimization, and many of them suffer from victimization – sometimes repeatedly, and sometimes even systematically. Such risks of victimization can be classified together with their individual background of emigration and immigration. The two main types of criminal behaviour that is of interest to criminal policy – human trafficking and human smuggling – are addressed in the two Amendment Protocols to the UN Convention against Transnational Organized Crime (Palermo Convention): the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air. In the latter document, migrants are perceived as offenders, not as victims, especially in legal treatment of smuggling. This is justified by the fact that migrants represent a demand for smuggling services, and this demand is considered the main incentive for this branch of organized crime, including transnational one. However, current legal situation – both the international legal framework and the legal provisions applied in the main jurisdictions – does not reflect the victimological reality of migration. The distinction between human trafficking and people smuggling (trafficking) creates a significant gap in the treatment of victims. The same is true of public, political and academic discussions that tend to ignore the reality of migration, which is characterized by the fact that not only victims of trafficking, but migrants in general, are clearly vulnerable and are at multiple risks of victimization. The problem of preventing crime against migrants is that it is hardly possible to justify a politically motivated dividing victims of criminal acts into two groups (trafficking in persons and smuggling of migrants) in order to achieve two different standards of protection, especially in light of the enormous risks of victimization to which all migrants are exposed.

scholarly journals PENGEMBANGAN MODEL PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN PERDAGANGAN DI INDONESIA

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Noer Indirati
Keyword(s):  
Human Trafficking ◽  
Social Factors ◽  
Social Changes ◽  
Rapid Social Change ◽  
Adequate Knowledge ◽  
Sense Of Security ◽  
Key Word ◽  
Women And Children ◽  
Data Source ◽  
Victim Protection

Human trafficking is interpreted as a result of a social disorganization and crime caused by the various social factors such as industrialization, rapid social change and modernization. Social changes tend to force women and children to leave their homes and villages to the region or other countries for making a living. Unfortunately, they are not generally equipped themselves by adequate knowledge and education. As a result, human trafficing especially children becomes inevitable.The research employed normative juridical approach. Particularly, this research is descriptive by juridical analytical method. The data source involved primary, secondary and tertiary legal material. Child Legal protectionn has been regulated in legislation in Indonesia, but it is not fully implemented. Victim protection models which are required to develop are (a) placing children in family as well as social houses, where is the environment that gives a sense of security with monitored by officers. (b) giving appropriate restitution or compensation for children necessity.(c) recovering children physical and psychologically through psychiatrist accompaniment and government authorities supervision by establishing a practical and sustainable monitoring system. (d) drafting local regulations. Key word: human rights, human trafficking and protection of law

scholarly journals DO NEW CRIMES NEED NEW LAWS? Legal provisions available for prosecuting human trafficking

2016 ◽  
Author(s):  
Bronwyn Pithey
Keyword(s):  
South Africa ◽  
United Nations ◽  
Human Trafficking ◽  
Law Reform ◽  
Trafficking In Persons ◽  
Legal Provisions ◽  
The United Nations ◽  
The Way

South Africa seems well on the way to creating specialised human trafficking legislation. The country is a signatory to the United Nations Protocol on Trafficking in Persons, and the SA Law Reform Commission is investigating the issue of trafficking. But there are many legal provisions currently available for prosecuting those engaging in this practice. Perhaps a greater challenge for the prosecution is how to identify acts that constitute ‘trafficking in persons’.

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